中国清洁发展机制法律制度探讨

根据《京都议定书》关于清洁发展机制（Clean Development Mechanism,CDM）的目标、设立条件、步骤和监管制度的规定,指出了中国在实施清洁发展机制中所获得的环境、社会和经济方面的巨大利益,同时,也分析了目前中国实施清洁发展机制在项目发展规模、潜在项目识别、额外行证明、CER法律权属界定、项目签发等方面存在的问题。文章结合国际社会清洁发展制度的趋势走向,预测在今后相当长的时期内清洁发展机制仍将作为全球温室气体减排的有效制度而存在,并将对CDM宗旨重新定位和完善CDM项目具体实施制度。还根据国际形势变化,对2012年后中国清洁发展机制的法律制度建设提出了具体的建议：应尽快出台一部能源基本法,使得包括清洁能源机制在内的应对气候变化的措施能够有法可依。立法中应重点确立能源可持续发展原则,具体规定CDM项目适格标准、改变传统一元所有权模式,明确CER法律权属和所有权、完善CDM项目监管制度,以限制CDM项目单纯追求经济效益的危险性、加强CDM服务行业规范,提高CER签发率。     

Economics of "essential use exemptions" for metered-dose inhalers under the Montreal Protocol

The Montreal Protocol on Substances that Deplete the Ozone Layer has led to rapid reductions in the use of ozone-depleting substances worldwide. However, the Protocol provides for "essential use exemptions" (EUEs) if there are no "technically and economically feasible" alternatives. An application that might qualify as an "essential use" is CFC-powered medical metered-dose inhalers (MDIs) for the treatment of asthma and chronic obstructive pulmonary disease (COPD), and the US and other nations have applied for exemptions in this case. One concern is that exemptions are necessary to ensure access to medications for low-income uninsureds. We examine the consequences of granting or withholding such exemptions, and conclude that government policies and private-sector programs are available that make it economically feasible to phase out chlorofluorocarbons (CFCs) in this application, thereby furthering the global public health objectives of the Montreal Protocol without compromising the treatment of patients who currently receive medication by means of MDIs.     

The origin of stable halogenated compounds in volcanic gases

BACKGROUND: Halogenated compounds in the atmosphere are of great environmental concern due to their demonstrated negative effect on atmospheric chemistry and climate. Detailed knowledge of the emission budgets of halogenated compounds has to be gained to understand better their specific impact on ozone chemistry and the climate. Such data are also highly relevant to guide policy decisions in connexion with international agreements about protection of the ozone layer. In selected cases, the relevance of specific emission sources for certain compounds were unclear. In this study we present new and comprehensive evidence regarding the existence and relevance of a volcanic contribution of chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), hydrochlorofluorocarbons (HCFCs), halons (bromine containing halo(hydro)carbons), and fully fluorinated compounds (e.g. CF4 and SF6) to the atmospheric budget. METHODS: In order to obtain new evidence of a volcanic origin of these compounds, we collected repeatedly, during four field campaigns covering a period of two years, gases from fumaroles discharging over a wide range of temperatures at the Nicaraguan subduction zone volcanoes Momotombo, Cerro Negro and Mombacho, and analysed them with very sensitive GC/MS systems. RESULTS AND DISCUSSION: In most fumarolic samples certain CFCs, HFCs, HCFCs, halons, and the fully fluorinated compounds CF4 and SF6 were present above detection limits. However, these compounds occur in the fumarole gases in relative proportions characteristic for ambient air. CONCLUSION: This atmospheric fingerprint can be explained by variable amounts of air entering the porous volcanic edifices and successively being incorporated into the fumarolic gas discharges. Recommendation and Outlook. Our results suggest that the investigated volcanoes do not constitute a significant natural source for CFCs, HFCs, HCFCs, halons, CF4, SF6 and NF3.     

全球二氧化碳排放权交易市场的分析与展望

京都议定书提出了发达国家削减二氧化碳排放量的具体目标及削减方案。因此二氧化碳排放权交易成为关注的热点。在对排放权交易市场的特性．作用及利害关系分析的基础上．提出排放权交易市场将带动一批相关的服务业发展。英国，日本在国内建立交易市场的动作和进展．值得重视和借鉴。     

Relief workers and violations of humanitarian law: Some legal considerations

This paper examines the various legal constraints upon action by relief workers when faced with violations of human rights or of humanitarian law. The unique status of the International Committee of the Red Cross (ICRC) and its delegates is explained and contrasted with the position of relief organizations and their personnel under the Geneva Conventions 1949 and their Additional Protocol I 1977. Proposals are made for the establishment of guidelines for action by relief workers when confronted with atrocities and for the training of relief workers in the relevant laws and procedures.     

Carbon values,reforestation, and `perverse' incentives under the Kyoto protocol: An empirical analysis

Economic incentives for sequestering atmospheric carbon dioxide (CO₂) in forests may be an effective way to meet greenhouse gas (GHG) reduction commitments under the Kyoto Protocol (KP). But concerns have been raised that the KP may create unintended incentives to excessively harvest existing forests if regenerated forests qualify for carbon (C) credits under the reforestation provision of Article 3.3. This paper combines an analytical model of the optimal forest rotation with both timber and C as priced outputs with data on timber and C growth and yield to different forest settings in the U.S. C prices of $50 per megagram (Mg) – the highest price evaluated– can considerably lengthen forest rotations (40 years or more), raise forest land values (as much as $1,900 per hectare), and sequester more C in the long run (up to 60 percent per acre), relative to the base case of no C compensation. However, if C payments are made for the regenerated stand only, in some situations, it is optimal to immediately harvest an otherwise premature stand at C prices as low as $20/Mg. The strength of perverse incentives to accelerate harvesting of existing forest varies by forest type, region, C price level, and institutional factors relevant to the compensation system. If C compensation were extended to existing stands, as may be possible under Article 3.4 of the KP, the perverse incentives for prematurely harvesting existing stands would not exist.     

Achieving the Kyoto Protocol in the U.S.: How Great are the Needed Changes?

The Kyoto Protocol requires the U.S.to reduce the rate of emissions of six greenhousegases (GHG) to 93% of their 1990 rate and to achievethis target by the 2008 to 2012 commitment period. This study assesses the magnitude of change needed inthe U.S. economy and, specifically, in the U.S. energysector, to achieve and maintain the target establishedby the Kyoto Protocol. A simple carbon (C)emissions-energy model is explained in this analysisusing four key variables. Current and future trendsin C emissions are explained by: the carbon/energy(C/E) ratio, Gross Domestic Product growth, energyprices and an energy trend variable. Potential GHGmitigation policy actions affect C emissionsindirectly by affecting at least one of these keyvariables. The analysis concludes that reducingfossil energy use in the U.S. to meet the Kyoto GHGemissions reduction target would be very costly. Technological progress that reduces C emissions wouldnot be fully sufficient without prematurely abandoningproductive capital equipment. Energy price increasesof about 14% per year, or declines in economic growthof almost 5% per year, could reduce energy demand andassociated C emissions enough to achieve the terms ofthe Kyoto Protocol.     

Reside0ntial solar water heating as a potential Clean Development Mechanism project: A South African case study

A community-based Clean Development Mechanism (CDM) project – asolar water heating project in a low-income community in South Africa –is analysed to illustrate the methodological and policy challenges that faceimplementation of the Kyoto Protocol to the United Nations FrameworkConvention on Climate Change. We evaluate four baseline options, andthree potential CDM interventions. The emissions reductions range from –670 to +5 929 Mg CO₂ per year, with all option but oneshowing positive emission reductions. Using metered solar water heatingwith liquefied petroleum gas back-up as the CDM intervention, and electricstorage geysers as the baseline, the annual emissions reductions are 5686 Mg CO₂. The cost-effectiveness from the national perspective,which is the incremental life cycle costs divided by the lifetime emissionsreductions, is –$18 per Mg CO₂ From the perspective of theCDM investor, however, the cost-effectiveness is $5.2 per mgCO₂, assuming that the investor receives all of the carbon credits forproviding the incremental capital investment. From our analysis, weconclude that using the current technology (kerosene stoves) as a baselineis probably not appropriate because it does not reflect likely future trendsand also penalises the community for their poverty and current lack ofinfrastructure. We also highlight the importance of credit sharing, and howit affects the cost-effectiveness of the project from the CDM investor'sperspective. The lessons from this analysis are important for the currentinternational policy debate on how to preferentially treat small-scale CDMprojects.     

UNFCCC Kyoto Protocol Clean Development Mechanism Baseline Construction for Vietnam National Electricity Grid

For projects under the UNFCCC Kyoto Protocol Clean Development Mechanism (CDM), a baseline has to be set to allow calculation of the greenhouse gas emissions reductions achieved. An important obstacle to CDM project development is the lack of data for baseline definition; often project developers do not have access to data and therefore incur high transaction costs to collect them. The government of Vietnam has set up all necessary institutions for CDM, wants to promote CDM projects and thus is interested to reduce transaction costs. We calculate emission factors of the Vietnam electricity grid according to the rules defined by the CDM Executive Board for small scale projects and for large renewable electricity generation projects. The emission factors lie between 365 and 899 g CO₂/kWh depending on the specification. The weighted operating and build margin reaches 600 g for 2003, while grid average reaches 399 g. Using three-year averages, a combined build and operating margin of 705 g is calculated. We hope that these data facilitate CDM project development in the electricity supply and energy efficiency improvement in Vietnam.     

Carbon trading across sources and periods constrained by the Marrakesh Accords

We examine the potential effects on permit prices and abatement costs of four compliance rules governing emissions trade across sources and periods in the Kyoto Protocol: The banking rule that allows excess permits to be used later; the restoration rate rule that penalizes borrowing; the commitment period reserve rule that limits sales; and finally, the suspension rule that restricts borrowing and sales. Our framework is a two-period model where parties may be out of compliance in the Kyoto period, but are assumed to comply at a later time. Under varying assumptions about market power and US participation, we find that the rules may have pronounced effects on individual costs, but overall efficiency is not severely affected.